TaxTMI 
TaxTMI 
TaxTMI 
1988 (5) TMI 377
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....982 made by the Appellate Authority, Kapurthala, in Rent Appeal No. 130 and restoring that of the Rent Controller, dated, 17.12.1978 in rent case No. 47 of 1977, granting possession to the Respondent-landlords. 2. Appellant was a tenant of the premises concerned in the proceedings on a monthly rent of Rs. 3 having been inducted into possession on 9.12.1965 by the then owner Smt. Manohar Kaur. The premises in the occupation of the appellant consist of a portion of the ground-floor of the building. On 15.12.1976, the said Manohar Kaur sold the entire property in favour of respondents. The respondents are four brothers. Prior to the purchase, they were occupying, as tenants, other portions of the same building both in the first floor and the ....
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....Shri Harbans Lal, learned Senior Advocate, urged that the order of the High Court suffers from, and stands vitiated, by, two serious errors : The first, according to the learned Counsel, is that the High Court, in exercise of its revisional jurisdiction, was precluded from reopening findings of facts recorded by the Appellate-Authority and substituting fresh findings of its own on a reappraisal of the evidence even if the fresh findings so recorded could be said to be amongst those possible on the evidence. Learned Counsel placed reliance on Mattulal v. Radhe Lal [1975]1SCR127 and Phiroze Bamanji Desai v. Chandrakant M. Patel and Ors. [1974]3SCR267 . The second is that the findings as to the bonafides, or the lack of it, of the alleged nee....
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.... of the present statute, merely referred to as "landlord requires for his own use". But the essential idea basic to all such cases is that the need of the landlord should be genuine and honest, conceived in good faith; and that, further, the court must also consider it reasonable to gratify that need. Landlord's desire for possession however honest it might otherwise be, has inevitably a subjective element in it and that, that desire, to become a "requirement" in law must have the objective element of a "need". It must also be such that the court considers it reasonable and, therefore, eligible to be gratified. In doing so, that court must take all relevant circumstances into consideration so that the pro....
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....ourt of first appeal" (See Dattonpant Gopalvarao Devakate v. Vithalrao Marutirao). Referring to the nature and scope of the revisional jurisdiction and the limitations inherent in the concept of a 'Revision' this Court in Ranalakshmi Dyeing Works and Ors. v. Rangaswamy Chettier, [1980] 2 RCJ 165 observed: ...2. "Appeal" and "revision" are expressions of common usage in Indian statutes and the distinction between "appellate jurisdiction" and "revisional jurisdiction" is well known though not well defined. Ordinarily, appellate jurisdiction involves a rehearing, as it were, on law as well as fact and is invoked by an aggrieved person. Such jurisdiction may, however, be limited in some w....
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....the first aspect, the High Court observed: ...According to the learned Appellate Authority there was no evidence on record to prove that the landlords were ten brothers since their father had not come in the witness-box to depose in this regard. This approach of the learned Appellate Authority is without wrong and illegal. There was nothing to disbelieve Ishwar Chander when he says that they are ten brothers. No question was put to him in the cross-examination to challenge the said statement of his.... The High Court noticed that so far as the premises which were said to be in the occupation of the Ishwar Chander (Respondent No. 1) were concerned, the owner of those premises was seeking resumption of possession. Further, in respect of th....